Misrepresentation of Building Seismic Rating

In Tadd Management Ltd v Weine & ors [2023] NZHC 764 the High Court (Gwynne J) decided that the vendor misrepresented the seismic rating of 134 Queens Drive Lower Hutt that it sold to the plaintiff in December 2017 for $1,227,000 at auction.  The vendor based on a report from the third party, NZ Consulting Engineers Ltd, represented a 60% NBS rating and that the earthquake rating was “Good”.  The court decided that this was a misrepresentation and also common mistake.  It awarded the purchaser damages of $592,00 being the difference in value of the building as it was and as represented together with interest from the date of the purchase settlement.  Weirdly the court did not enter judgment against the third party who was the source of the misrepresentation(s).